SAMDY METALS LIMITED v. ALHAJI ABDUL KADIRI & ORS

SOWAH, J.A:

In this judgment, the appellants shall be referred to as the defendants while the respondent will be referred to as the plaintiff or the plaintiff company.

On 28th October 2010, the Accra High Court delivered a judgment against the defendants, dismissing its counterclaim and granting the plaintiff company all the reliefs it had sought in its writ of summons, namely, declaration of title to the land in dispute, perpetual injunction, GH¢10,000.00 as general damages for trespass and costs of GH¢2,000.00. Being dissatisfied with the outcome of the trial, the defendants have filed this appeal, asking that the whole judgment be set aside and judgment entered for the defendants.

The background facts which culminated in this appeal are as follows:

The plaintiff, purporting to be a limited liability company, instituted action in December 2004 against the late Alhaji Abdul Aziz, the defendants predecessor in title at the Circuit Court for declaration of title among other reliefs. Per its pleading, the plaintiff averred that it owned the land in dispute by virtue of a deed of gift made to it in October 2004. The Plaintiffs’ grantor, Madam Naa Sackua Sackey joined that action as co-plaintiff. However the plaintiff withdrew from the action when it was confronted with a search report that showed that it was not incorporated and therefore lacked the capacity to sue. The case proceeded to trial and judgment was given in favour of the co-plaintiff Madam Sackey. She purportedly recovered possession and put the plaintiff in possession. Meanwhile, the defendants had appealed that decision and on 7th February 2008, the Court of Appeal by a judgment in Suit No. H1/164/07 declared the Circuit Court proceeding null and void.

On 13th August 2008, the plaintiff issued a fresh writ of summons at the High Court against the defendants, seeking declaration of title, perpetual injunction and damages for trespass. Per its statement of claim, the grant obtained from Madam Sackey by its promoter Solomon Addy in the name of the company when the company had not been incorporated had been regularized by a fresh deed of gift dated 12th February 2008 and plaintiff had duly registered its title and had obtained a land certificate No. GA 21470 on 28th March 2008.

In their statement of defence, the defendants averred that they were in lawful possession of the disputed land because Alhaji Abdul Aziz (now deceased) had been the bona fide owner by virtue of a grant from Madam Sackey